Untitled document
Electricity Industry Legislation (Miscellaneous
Amendments) Act 2000
Act No. 69/2000
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993 3
3. Change of Title 3 4. Definitions 3 5. Application of Act 4 6. Repeal of section 27 4 7. Repeal of Part 2A 4 8. Definition of electricity corporation 4 9. Repeal of certain provisions of Part 3 4 10. Easements 4 11. Repeal of Parts 3A and 3AA 4 12. Repeal of section 91C 4 13. Tariff Order 4 14. Repeal of certain provisions of Part 12 5 15. Repeal of Part 13 5 16. New section 209A inserted 5
209A. Preservation of appurtenant National Electricity
easements 5
17. New section 223 inserted 6 223. Certain rights deemed to be easements appurtenant to all
lands of National Electricity 6
18. New section 224 inserted 7
224. Savings and transitional provisions 7
19. Repeal of Schedule 2 7 20. Substitution of Schedule 4 7
PART 3—AMENDMENT OF ELECTRICITY SAFETY ACT 1998 12
i
Section Page
21. Definitions 12 22. Orders in Council 12 23. Supervisor deemed to carry out work 12 24. Regulation of installation 12 25. Exemption 13 26. Rights of appeal 13 27. Bushfire mitigation penalties 13 28. Enforcement officers 14 29. Chief electrical inspector may give directions 14 30. Electrical contractors and electrical workers regulations 14 31. Statute law revision 15
PART 4—AMENDMENT OF GAS INDUSTRY ACT 1994 16
32. Powers and functions of VENCorp 16 33. Directors of VENCorp 16 PART 5—AMENDMENT OF OFFICE OF THE REGULATOR-
GENERAL ACT 1994 17
34. Definitions 17 35. Price determinations 17 36. Other regulatory powers 17 37. Determinations 18 38. Reference to Minister 18 PART 6—AMENDMENT OF STATE ELECTRICITY
COMMISSION ACT 1958 19
39. Definitions 19 40. Functions and powers of Commission 20 41. Payment to Consolidated Fund 20 42. Financial accommodation 20 43. Directions relating to assets 20 44. Easements 20 45. Electric light and power 21
PART 7—AMENDMENT OF OTHER ACTS 22
46. Alpine Resorts (Management) Act 1997 22 47. Country Fire Authority Act 1958 22 48. Crown Land (Reserves) Act 1978 22 49. Electricity Industry Acts (Amendment) Act 2000 22 50. Emergency Services Superannuation Act 1986 23 51. Essential Services Act 1958 23 52. Essential Services Legislation (Dispute Resolution) Act 2000 23 53. Forests Act 1958 23 54. Gas and Fuel Corporation (Repeal) Act 1995 24
ii
Section Page
55. Land Act 1958 24 56. Land Tax Act 1958 24 57. Magistrates' Court Act 1989 25
56C. Electricity Industry Act 2000 25
58. Melbourne and Metropolitan Board of Works Act 1958 25 59. Melbourne City Link Act 1995 25 60. Mineral Resources Development Act 1990 26 61. National Parks Act 1975 26 62. Snowy Hydro Corporatisation Act 1997 27 63. Transport Act 1983 27 64. Treasury Corporation of Victoria Act 1992 27 65. Water Act 1989 28
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ENDNOTES 30
iii
Victoria
No. 69 of 2000
Electricity Industry Legislation
(Miscellaneous Amendments) Act 2000†
[Assented to 21 November 2000]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to amend the Electricity Industry Act 1993 as a consequence of the Electricity Industry Act 2000; and
(b)
to amend the Electricity Safety Act 1998 to improve the operation of that Act; and
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 2 | Act No. 69/2000 |
(c)
to make minor and consequential amendments to the Gas Industry Act 1994, the Office of the Regulator-General Act 1994 and the State Electricity Commission Act 1958 and other Acts.
2. Commencement
(1) Sections 1 and 13 and this section come into
operation on the day on which this Act receives
the Royal Assent.
(2) Section 16 is deemed to have come into operation on 14 December 1995.
(3) Section 17 is deemed to have come into operation on 22 March 1994.
(4) The remaining provisions of this Act come into operation on 1 January 2001.
_______________
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 3
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993
3. Change of Title
In the title of the Electricity Industry Act 1993,
after "Industry" insert "(ResidualProvisions)".
4. Definitions
In section 3(1) of the Electricity Industry Act
1993—
(a) for the definition of "distribution company" ' "distribution company" has the same
meaning as in the Electricity Industry
Act 2000;';
(b) the definition of "enforcement officer" is repealed; (c) for the definition of "generation company" ' "generation company" has the same
meaning as in the Electricity Industry
Act 2000;';
(d) for the definitions of "licence" and "licensee" ' "licence" has the same meaning as in the
Electricity Industry Act 2000;
"licensee" has the same meaning as in the
Electricity Industry Act 2000;';
(e)
for the definition of "transmission company" substitute—
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 5 | Act No. 69/2000 |
' "transmission company" has the same
meaning as in the Electricity Industry
Act 2000;'.
5. Application of Act
In section 4A(1) of the Electricity Industry Act
1993 omit "or in another Act".
6. Repeal of section 27
Section 27 of the Electricity Industry Act 1993 is repealed.
7. Repeal of Part 2A
Part 2A of the Electricity Industry Act 1993 is repealed.
8. Definition of electricity corporation
In section 42AA of the Electricity Industry Act
1993, omit "and Schedule 2".
9. Repeal of certain provisions of Part 3
Sections 42, 42A, 42B, 44, 44A, 45, 45A, 45B, 46 and 47 of the Electricity Industry Act 1993 are repealed.
10. Easements
In section 43 of the Electricity Industry Act
1993, sub-section (2) is repealed.
11. Repeal of Parts 3A and 3AA
Parts 3A and 3AA of the Electricity Industry
Act 1993 are repealed.
12. Repeal of section 91C
Section 91C of the Electricity Industry Act 1993 is repealed.
13. Tariff Order
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 14 In section 158C of the Electricity Industry Act
1993, before sub-section (5) insert—"(4B) The Order in force under section 158A(1)
may be amended, on the recommendation of
the Minister, by Order of the Governor in
Council published in the Government
Gazette—
(a) to vary the provisions in clause 2.5 of that Order in relation to the giving of notices to customers and to extend the period of operation of that clause; and
(b)
to vary clause 5.7.5 to provide for regulation by the Office of terms and charges for excluded services to the extent that the terms and charges for those excluded services are not regulated under the licenses referred to in clause 5.7.5.".
14. Repeal of certain provisions of Part 12
Sections 155A, 157A, 158, 158AA, 158A, 158C,
159, 160, 161, 162, 163, 163AAA, 163AAB,
163AA, 164, 164A, 165, 165A, 166, 167, 168,
169, 169A, 169B, 169C, 169D, 169E, 170, 170A,
170B and 170C of the Electricity Industry Act1993 are repealed.
15. Repeal of Part 13
Part 13 of the Electricity Industry Act 1993 is repealed.
16. New section 209A inserted
After section 209 of the Electricity Industry Act
1993 insert—
"209A. Preservation of appurtenant National
Electricity easements
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 17 | Act No. 69/2000 |
(1) Any easement vested in National Electricity
which is expressed in any instrument to be
appurtenant to the land described in folio of
the Register Volume 8053 folio 479 is
deemed to be an easement vested in Nationalimmediately before 14 December 1995 vested in National Electricity for the time being and from time to time and to every part thereof.
(2) Sub-section (1) applies—
(a)
despite anything to the contrary in any instrument; and
(b)
despite the surrender to the Crown under section 207 of the land described in former certificate of title Volume 8053 folio 479 and certificate of title Volume 8274 folio 867.".
17. New section 223 inserted
After section 222 of the Electricity Industry Act
1993 insert—"223. Certain rights deemed to be easements
appurtenant to all lands of National
Electricity
The easements expressed in any instrument to be appurtenant to the land described in folio of the Register Volume 6017 Folio 307 are deemed to be easements vested in National Electricity and appurtenant to the lands vested in National Electricity for the time being and from time to time and to every part thereof despite the transfer of that land by Electricity Services Victoria on 22 March 1994 to—
(a) Andreas Antonius Agterhuis;
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 18 (b) Carol Joy Agterhuis;
(c) Stephen Foster Smith;
(d) Margaret Elizabeth Smith;
(e) Kerry Mark Cunnington;
(f) Ronald Jeffrey Francis James;
(g) Ann James;
(h) Jointmore Pty Ltd;(i) Josamit Holdings Pty Ltd.".
18. New section 224 inserted
After section 223 of the Electricity Industry Act
1993 insert—
"224. Savings and transitional provisions
Schedule 4 has effect.".
19. Repeal of Schedule 2
Schedule 2 to the Electricity Industry Act 1993 is repealed.
20. Substitution of Schedule 4
For Schedule 4 to the Electricity Industry Act
1993 substitute—
'SCHEDULE 4
SAVINGS AND TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule—
"old Act" means the Electricity Industry Act
1993.
2. General transitional provisions
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Act 2000
| s. 20 | Act No. 69/2000 |
(1) This Schedule does not affect or take away from
the Interpretation of Legislation Act 1984.
(2) Without limiting sub-clause (1), in declaring that
certain provisions of the Electricity Industry Act
2000 are to be treated as re-enacting with
modifications certain provisions of the old Act,this Schedule must not be taken to—
(a)
limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or
(b)
be an exhaustive list of the provisions of the old Act re-enacted by the Electricity Industry Act 2000.
(3) This Schedule applies despite anything to the
contrary in any other provision of this Act or the
Electricity Industry Act 2000.
3. Re-enacted provisions
A provision of the old Act specified in Column 1
of the Table is deemed to be re-enacted (with
modifications) by the provision of the Electricity
Industry Act 2000 appearing opposite inColumn 2 of the Table.
TABLE
Old Provision New Provision section 27(2) to (4) section 117 section 42A section 86 section 42B section 87 section 44 section 88 section 44A section 89 section 45 section 90 section 45A section 91 section 45B section 92 section 46 section 94 section 47 section 93
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000
Parts 3A and 3B Part 6 section 155A section 11 section 158 section 12 Old Provision New Provision section 158AA section 13 section 159 section 16 section 160 section 17 section 161 section 18 section 162 section 19 section 163(1), (2), (2A) section 20 section 163(3) section 21 section 163(4) section 22 section 163(5) section 24 section 163(6) and (7) section 25 section 163(8), (9), (10), (11) section 26 section 163AAA section 27 section 164 section 29 section 164A section 32 section 165 section 30 section 166 section 34 section 167 section 31 section 169A section 35 section 169B section 36 section 169C section 37 section 169D section 38 section 170A section 47 section 170B section 48 section 170C section 49 Part 13 Part 3 Schedule 2 Schedule
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
s. 20
| s. 20 | Act No. 69/2000 |
4. Superseded references to old Act
On the commencement of this clause, in any Act (other than this Act or the Electricity Industry Act 2000), or in any instrument made under any Act or in any other document of any kind a
reference to the old Act—
(a) to the extent that the reference relates to a provision of the old Act re-enacted in the Electricity Industry Act 2000, is deemed to be a reference to the Electricity Industry
Act 2000; and(b) to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the Electricity Industry (Residual Provisions) Act 1993.
5. Licences
A licence issued under Part 12 of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under Part 2 of the Electricity Industry Act 2000.
6. Tariff Order
(1) Despite the repeal of section 158A of the old Act,
and published in the Government Gazette on 30
the Order made under that section on 20 June 1995 commencement of this clause continues in effect and may be amended, varied or revoked in accordance with section 14 of the Electricity Industry Act 2000. (2) Despite the revocation of clause 4.4 of the Order referred to in sub-clause (1) by section 158A(4) of the Electricity Industry Act 1993, the revocation does not have effect for the purposes of the Order as a retailing change in taxes, a PowerNet change in taxes, a network change in taxes or a generator change in taxes within the meaning of the Order.
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 20
7. Orders under section 158AA
An Order under section 158AA of the old Act as
in effect immediately before the commencement of
this clause is deemed to be an Order made undersection 13 of the Electricity Industry Act 2000.
8. Exemptions under section 160
An Order under section 160 of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under section 17 of the Electricity Industry Act 2000.'.
_______________
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 21 | Act No. 69/2000 |
PART 3—AMENDMENT OF ELECTRICITY SAFETY ACT
1998
21. Definitions
In section 3 of the Electricity Safety Act 1998—
(a) in the definition of "distribution area" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000"; (b) for "Electricity Industry Act 1993"
in the definition of "distribution company" 2000".
22. Orders in Council
(1) In section 4(1) of the Electricity Safety Act 1998
omit "and on the recommendation of the Office,".(2) In section 47(1) of the Electricity Safety Act
1998 omit ", on the recommendation of the
Office,".
23. Supervisor deemed to carry out work
At the end of section 41B of the Electricity
Safety Act 1998 insert—"(2) Sub-section (1) does not apply in respect of a
licensed electrical installation worker
supervising the carrying out of electrical
installation work pursuant to the conditions
of registration applying to a registeredelectrical contractor.".
24. Regulation of installation
(1) In section 46(1)(a) of the Electricity Safety Act 1998 for sub-paragraphs (i) and (ii) substitute— "(i) a person who is the holder of a licence under
section 19 of the Electricity Industry Act
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 25 2000, for the purposes of carrying out
activities authorised under the licence; or(ii) a person who is exempted under the Electricity Industry Act 2000 from holding a licence under section 19 of that Act, for the purposes of carrying out activities authorised to be carried out under the terms of the exemption; or".
(2) In section 46 of the Electricity Safety Act 1998, sub-section (2) is repealed.
25. Exemption
In section 47(3)(b) of the Electricity Safety Act
1998 for "Electricity Industry Act 1993"substitute "Electricity Industry Act 2000".
26. Rights of appeal
In section 70(3)(b) of the Electricity Safety Act
1998 for "Part 12 of the Electricity Industry Act
1993" substitute "Part 2 of the ElectricityIndustry Act 2000".
27. Bushfire mitigation penalties
(1) At the foot of section 83A(1) of the Electricity
Safety Act 1998 insert—
"Penalty : In the case of a natural person,
15 penalty units;
In the case of a body corporate,
75 penalty units.".(2) At the foot of section 83A(3) of the Electricity
Safety Act 1998 insert—
"Penalty : In the case of a natural person,
10 penalty units;
In the case of a body corporate,
50 penalty units.".
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 28 | Act No. 69/2000 |
(3) At the foot of section 83B(1) of the Electricity
Safety Act 1998 insert—
"Penalty : In the case of a natural person,
50 penalty units;
In the case of a body corporate,250 penalty units.".
28. Enforcement officers
(1) In sections 121(1) and 121(4) of the Electricity Safety Act 1998 for "Electricity Industry Act 1993" substitute "Electricity Industry Act
2000".
(2) In sections 138 and 139 of the Electricity Safety
Act 1998 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
29. Chief electrical inspector may give directions
In section 141(3) of the Electricity Safety Act
1998 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".30. Electrical contractors and electrical workers regulations
In section 156 of the Electricity Safety Act
1998—
(a)
for paragraph (a) substitute— "(a) the qualifications (including courses of
training and examination, re-
examination, assessment and re-
assessment) required for registration of
electrical contractors or any class ofelectrical contractors;";
(b)
in paragraph (f) after "examination," insert "assessment,";
(c)
in paragraph (j) before "theoretical" insert "assessment or any".
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 31
31. Statute law revision
In sections 122(1)(b) and 134(1)(c) of the substitute "electricity".
_______________
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 32 | Act No. 69/2000 |
PART 4—AMENDMENT OF GAS INDUSTRY ACT 1994
32. Powers and functions of VENCorp
In section 16CA of the Gas Industry Act 1994 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
33. Directors of VENCorp
After section 16F(2)(a) of the Gas Industry Act
1994 insert—"(aa) who are not officers or employees of the
holder of a licence issued under Part 2 of the
Electricity Industry Act 2000; and".
_______________
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 34
PART 5—AMENDMENT OF OFFICE OF THE REGULATOR-
GENERAL ACT 1994
34. Definitions
(1) In section 3(1) of the Office of the Regulator-
General Act 1994 insert—
' "Tariff Order" has the same meaning as in the
Electricity Industry Act 2000;'.
(2) In section 3(3) of the Office of the Regulator-
General Act 1994 for "Electricity Industry Act
1993" substitute "Electricity Industry Act
2000".
35. Price determinations
In section 25 of the Office of the Regulator-
General Act 1994 for sub-section (1)
substitute—"(1) This section is subject to anything to the
contrary in the relevant legislation or in an 2 of Part 2 of the Electricity Industry Act 2000 specifying the prescribed prices or prescribed goods and services in respect of which the Office is exercising its power of regulation.".
Order in Council under section 3(2) or in the
36. Other regulatory powers
(1) In section 26(1) of the Office of the Regulator-
General Act 1994 for "under section 158A of the Electricity Industry Act 1993" substitute "in the Tariff Order or in any Order under Part 2 of the
Electricity Industry Act 2000".
(2) In section 26 of the Office of the Regulator-
General Act 1994, for sub-section (3) substitute—
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 37 | Act No. 69/2000 |
"(3) This section is subject to anything to the
contrary in the relevant legislation or in an
Order in Council under section 3(2) or in the
Tariff Order or in any Order made under
Part 2 of the Electricity Industry Act
2000.".
37. Determinations
In section 27 of the Office of the Regulator-
General Act 1994 for sub-section (4)
substitute—"(4) Subject to anything to the contrary in the
Tariff Order or in any Order made under a determination has effect until it is amended or revoked by a later determination or until such other date as is specified in the determination.".
38. Reference to Minister
In section 34A(1) of the Office of the Regulator- General Act 1994 for "Electricity Industry Act 1993" substitute "Electricity Industry Act
2000".
_______________
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 39
PART 6—AMENDMENT OF STATE ELECTRICITY
COMMISSION ACT 1958
39. Definitions
In section 3(1) of the State Electricity
Commission Act 1958—
(a) in the definition of "Administrator" after Provisions)";
(b) in the definition of "chief electrical inspector" for "Part 4 of the Electricity Industry Act 1993" substitute "the Electricity Safety Act 1998"; (c) for "Electricity Industry Act 1993"
in the definition of "distribution company" 2000";
(d) for the definition of "electricity corporation" ' "electricity corporation" means
VENCorp, a generation company, a
transmission company or a distribution
company within the meaning of theElectricity Industry Act 2000;';
(e) in the definition of "generation company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000"; (f) in the definition of "public generation "(Residual Provisions)";
(g) in the definition of "public transmission "(Residual Provisions)";
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 40 | Act No. 69/2000 |
(h) for "Electricity Industry Act 1993"
in the definition of "transmission company" 2000".
40. Functions and powers of Commission
In section 12A(1) of the State Electricity
Commission Act 1958—
(a)
in paragraph (b) after "Industry" insert "(Residual Provisions)";
(b)
in paragraph (c) after "Industry" insert "(Residual Provisions)";
(c)
in paragraph (ea) after "Industry" insert "(Residual Provisions)".
41. Payment to Consolidated Fund
In section 82A(1) of the State Electricity
Commission Act 1958 for "section 12 or 12B of
the Electricity Industry Act 1993" substitute
"section 12 of the Electricity Industry (ResidualProvisions) Act 1993".
42. Financial accommodation
In section 85D(1) of the State Electricity
Commission Act 1958 after "Industry" insert"(Residual Provisions)".
43. Directions relating to assets
In section 101(2) of the State Electricity
Commission Act 1958 for "the date on which the
Electricity Industry Act 1993 receives the RoyalAssent" substitute "14 December 1993".
44. Easements
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 45 In section 103A of the State Electricity repealed.
45. Electric light and power
In section 107 of the State Electricity
Commission Act 1958 for "Electricity Industry
Act 1993" substitute "Electricity Industry Act2000".
_______________
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
s. 46
| s. 49 | Act No. 69/2000 |
PART 7—AMENDMENT OF OTHER ACTS
46. Alpine Resorts (Management) Act 1997
(1) In section 9(6) of the Alpine Resorts
(Management) Act 1997 for "Electricity
Industry Act 1993" substitute "ElectricityIndustry Act 2000".
(2) In section 10(3) of the Alpine Resorts
(Management) Act 1997 for "Electricity
Industry Act 1993" substitute "ElectricityIndustry Act 2000".
(3) In section 11(3) of the Alpine Resorts
(Management) Act 1997, in the definition of
"electricity company" for "Electricity Industry
Act 1993" substitute "Electricity Industry Act2000".
47. Country Fire Authority Act 1958
In section 32(2) of the Country Fire Authority Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
48. Crown Land (Reserves) Act 1978
(1) In section 17BA of the Crown Land (Reserves)
Act 1978 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
(2) In section 17DAA of the Crown Land (Reserves)
Act 1978 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
(3) In section 18A(3) of the Crown Land (Reserves)
Act 1978, in the definition of "electricity company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
49. Electricity Industry Acts (Amendment) Act 2000
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000
Section 11 of the Electricity Industry Acts
(Amendment) Act 2000 is repealed.
50. Emergency Services Superannuation Act 1986
In section 22B(1) of the Emergency Services
Superannuation Act 1986—
(a) in the definition of "VEI Super Pty Ltd" after "Electricity Industry" insert "(Residual Provisions)"; (b) Industry Superannuation Fund" for
"Electricity Industry Act 1993" substitutein the definition of "Victorian Electricity Provisions) Act 1993".
51. Essential Services Act 1958
In section 3 of the Essential Services Act 1958 in the definition of "essential service" for "VPX, a distribution company or generation company within the meaning of the Electricity Industry Act 1993" substitute "VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000".
52. Essential Services Legislation (Dispute Resolution) Act 2000
Section 3 of the Essential Services Legislation
(Dispute Resolution) Act 2000 is repealed.
53. Forests Act 1958
(1) In section 57B(6) of the Forests Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
(2) In section 57C(3) of the Forests Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
s. 54
| s. 56 | Act No. 69/2000 |
(3) In section 57D(3) of the Forests Act 1958, in the
definition of "electricity company" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
54. Gas and Fuel Corporation (Repeal) Act 1995
In section 3 of the Gas and Fuel Corporation
(Repeal) Act 1995, in the definition of
"Administrator", after "Industry" insert"(Residual Provisions)".
55. Land Act 1958
(1) In section 137AE of the Land Act 1958 for "Electricity Industry Act 1993" (wherever occurring) substitute "Electricity Industry Act
2000".
(2) In section 140AA of the Land Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
(3) In section 229(3) of the Land Act 1958, in the
definition of "electricity company" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(4) In section 334(1) of the Land Act 1958—
(a)
for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000"; and
(b)
for "section three of the said Act" substitute "section 3 of the Electricity Safety Act 1998".
(5) In section 335 of the Land Act 1958 for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
56. Land Tax Act 1958
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 59 In section 9(3) of the Land Tax Act 1958, in the
definition of "mine", for paragraph (b)
substitute—"(b) any part of the land in the Latrobe area
within the meaning of the Electricity where a generation company or any other body authorised under that Act mines coal used in the generation of electricity—".
57. Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989 for clause 56C substitute—
"56C. Electricity Industry Act 2000
Offences by body corporate under section
97(7) of the Electricity Industry Act 2000
and offences under section 97(11) of that
Act.".58. Melbourne and Metropolitan Board of Works Act 1958
In section 259(1) of the Melbourne and Metropolitan Board of Works Act 1958, in the definition of "public corporation" for "the State Electricity Commission of Victoria, Generation Victoria, National Electricity, VPX, a distribution company or generation company within the meaning of the Electricity Industry Act 1993" substitute "SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000".
59. Melbourne City Link Act 1995
In section 3 of the Melbourne City Link Act
1995—
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000
(a) for the definition of "electricity corporation" ' "electricity corporation" means VENCorp
or SEC within the meaning of the Electricity Industry Act 2000;';
(b)
in the definition of "public authority", paragraph (f) is repealed;
(c)
in paragraph (b) of the definition of "public body" for "section 3(1) of the Electricity Industry Act 1993" substitute "section 3 of the Electricity Industry Act 2000".
60. Mineral Resources Development Act 1990
In section 105(3) of the Mineral Resources
Development Act 1990 after "Industry" insert"(Residual Provisions)".
61. National Parks Act 1975
(1) In section 3(2) of the National Parks Act 1975
for "the State Electricity Commission of Victoria, Generation Victoria, National Electricity, VPX, a distribution company or generation company
within the meaning of the Electricity Industry distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000".
(2) In section 27A(4) of the National Parks Act 1975
in the definition of "electricity company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
(3) In section 30A(1) of the National Parks Act 1975 for "The State Electricity Commission of Victoria, Generation Victoria, National Electricity, VPX, a
distribution company or generation company
within the meaning of the Electricity Industry
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 62 Act 1993" substitute "SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000".
(4) In section 30AA(6) of the National Parks Act
1975 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
(5) In section 30AB(3) of the National Parks Act
1975 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
62. Snowy Hydro Corporatisation Act 1997 Section 26(3) of the Snowy Hydro Corporatisation Act 1997 is repealed.
63. Transport Act 1983
In Schedule 5 of the Transport Act 1983, for
clause 20(b) substitute—"(b) for making all necessary arrangements with
distribution companies within the meaning
of the Electricity Industry Act 2000 or
other persons concerning such installationsor improvements in street lighting;".
64. Treasury Corporation of Victoria Act 1992
(1) In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of "public authority"—
(a) for "VPX" substitute "VENCorp";
(b) after "Industry" insert "(Residual
Provisions)".
(2) In Schedule 1 to the Treasury Corporation of Victoria Act 1992 for the entry relating to VPX substitute—
"VENCorp Electricity Industry Act
2000".
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| s. 65 | Act No. 69/2000 |
(3) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992 for the entries relating to a distribution company and a generation company substitute—
"A public distribution Electricity Industry company within the (Residual Provisions) Act meaning of the Electricity 1993 Industry (Residual Provisions) Act 1993 A public generation Electricity Industry company within the (Residual Provisions) Act meaning of the Electricity 1993". Industry (Residual
Provisions) Act 1993
65. Water Act 1989
(1) In section 9(2) of the Water Act 1989 for
paragraph (c) substitute—
"(c) in the case of SEC, VENCorp, a distribution
company, a transmission company or a
generation company within the meaning of
the Electricity Industry Act 2000, for any
purpose connected with the exercise of itsfunctions or powers;".
(2) In section 34(1) of the Water Act 1989—
(a) substitute—
for paragraphs (da), (db) and (dc) (db) a transmission company within the
meaning of the Electricity Industry
Act 2000; or";
(b)
in paragraphs (dd) and (de) for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
Act No. 69/2000 s. 65 (3) In section 56(5) and 56(6) of the Water Act 1989
for "Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(4) In section 107A(2) of the Water Act 1989 in the
definition of "generation company" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(5) In section 161A(2) of the Water Act 1989 in the
definition of "generation company" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(6) In section 185(3) of the Water Act 1989 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000".
═══════════════
Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
| Endnotes | Act No. 69/2000 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 7 September 2000
Legislative Council: 25 October 2000
The long title for the Bill for this Act was "to amend the Electricity
Industry Act 1993 as a consequence of the Electricity Industry Act
2000, to amend the Electricity Safety Act 1998, the Gas Industry Act
1994, the Office of the Regulator-General Act 1994 and the State
Electricity Commission Act 1958 and other Acts and for other
purposes."
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